LEGAL NOTICE & CONDITIONS OF SALE
1.1 These general conditions of sale (hereinafter the “General Conditions of Sale”) apply to any contract concluded with DECORATION INSOLITE, the enterprise of PASCAL CONAN, NIF Y8538483T, located at Calle Tuejar 37, CC El Osito, Bloque B, Local 3B1, 46183 L’ELIANA, Valencia, relating to all orders for DECORATION INSOLITE products on the website www.decoration-insolite.com (hereinafter the “Site”) or by telephone, by a natural person acting in his capacity as consumer or non-professional, within the meaning of the introductory article of the Consumer Code, for his personal needs, and not intended for resale, nor for professional use, nor for any use for professional or commercial promotion purposes (hereinafter ” the customer “).
These General Conditions of Sale, may be modified at any time by DECORATION INSOLITE.
Confirmation of the order by the Customer implies full and unreserved acceptance of these General Terms and Conditions of Sale by the Customer, to the exclusion of any other document. The general conditions in force at the time of confirmation prevail over all previous versions as well as those in force in the DECORATION INSOLITE store.
People acting as professionals are required to place an order either by email, by telephone or directly at the shop.
PRODUCTS / PRICES
2.1 Product offer
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. DECORATION INSOLITE reserves the right to modify its offer at any time, in particular by adding, modifying or removing Products.
The Products are presented as accurately as possible. The perfect representation of the Products on the Site cannot be guaranteed, in particular due to differences in colour or material rendering by Internet browsing software and / or viewing monitors.
The delivered Product may differ from that presented on the Site without giving rise to the right of cancellation of the sale for the Customer i) if the Product concerned is a product of artisanal or semi-artisanal manufacture which does not allow perfect homogeneity of the product to be ensured. production ii) or if the Product has undergone, between the date of the order and the date of delivery, adaptation linked to technical or technological development and subject, in these two cases, that the difference does not relate to the essential characteristics of the Products, that it does not affect their quality and that it does not generate an increase in price.
2.2 Product prices
Product prices are indicated in Euros and include all taxes, unless indicated otherwise. Preparation and delivery costs are not included in the indicated price, unless otherwise stated.
DECORATION INSOLITE reserves the right to modify the price of the Products as it sees fit. The pricing conditions in force on the date of validation of the order by the Customer will apply.
3.1 Placing the order
The Customer has the possibility of ordering from DECORATION INSOLITE:
– By phone to the shop on + 34 622 603 392.
– By visiting the shop premises in person.
Orders made by the telephone service will be handled directly by a customer advisor. At the end of the call, an order confirmation will be sent by email to the Customer.
– Using the contact page on the Site, or by direct email communication : email@example.com
The Customer must provide personal information, such as his name, first name and address, physical and electronic. The Customer must ensure the validity of the email address provided and check the filtering rules of his email to prevent DECORATION INSOLITE emails from being considered SPAM.
All information communicated by the Client to DECORATION INSOLITE must be exact, complete and up to date. Each time their situation changes, the Customer must update their information by contacting DECORATION INSOLITE.
– Orders sent to DECORATION INSOLITE by mail or fax will not be taken into account.
3.2 Confirmation of the order
The choice and purchase of a Product is the sole responsibility of the Customer, in particular in terms of the relevance of the purchase to his needs. The Customer will receive a written confirmation of the order, including description, quantities and prices. It is therefore the Customer’s responsibility to verify the accuracy of the order. The validation of the order by the Customer is materialized by his acceptance of these General Conditions of Sale, which he acknowledges having read and accepted by checking the box “I have read and I accept the general conditions of sale” and its payment.
DECORATION INSOLITE reserves the right to refuse an order for any legitimate reason, including the existence of an unresolved dispute resulting from non-payment of a previous order.
DECORATION INSOLITE will send by email, as soon as possible, an order confirmation containing the substantial elements (order number, Products ordered, place of delivery, etc.).
The Customer agrees that the order confirmation be considered as proof of the contractual relationship with DECORATION INSOLITE.
In the absence of availability of one or more ordered product (s), DECORATION INSOLITE undertakes to inform the Customer by e-mail as soon as possible. The order can then be cancelled. A new delivery date may also be offered to the Customer subject to subsequent availability of the Product.
Payment is made in euros exclusively, in full when ordering, either by credit card, bank transfer, PayPal, or cash.
As orders are only taken into account after validation of their payment, no discount or late payment penalty is applicable. Payments may not be suspended or be subject to set-off without the prior written consent of DECORATION INSOLITE.
4.1.1 Payment by credit card
The following bank cards are accepted: Credit card, Visa and Mastercard.
As part of its action in favor of the fight against internet fraud, DECORATION INSOLITE may be required to verify the bank details and / or the identity of Customers before any delivery. By placing an order on the Site, the Customer undertakes to provide DECORATION INSOLITE with the proof of identity that may be requested. In the absence of communication of the requested elements within the allotted time, DECORATION INSOLITE reserves the right to cancel the order subject to verification.
5.1.2 Payment by bank transfer
All payment by bank transfer is made in full when ordering. The DECORATION INSOLITE bank details will be communicated to the customer on the order confirmation page as well as by email.
In the event of failure to receive the bank transfer within three (3) working days from the confirmation of the order by the Customer, the order will be considered cancelled.
The invoice sent to the Customer contains the information provided by the latter. The information provided may not be subject to any modification after the issuance of the invoice.
5.3 Delivery costs and terms
All products will be made available to the Customer only once paid in full, unless prior agreement is made in writing by DECORATION INSOLITE
The delivery can be made in store, in relay point or at the domicile of the Customer in mainland Spain or elsewhere in Europe by prior arrangement. The type of transport, the timeframe and the related costs will be specified when ordering, depending on the place of delivery, the nature of the Products ordered and the nature of the service for which the Customer has opted. Any order including a custom-made product cannot be split and will necessarily be delivered in its entirety by carrier to the delivery address specified by the Customer.
In-store delivery: Free in-store delivery is available for some categories of items.
Any withdrawal of merchandise is conditional on presentation of the order form and a valid identity document in the name of the person appearing on the order form. A third party may proceed with the withdrawal upon presentation of the order form, their identity document and the original or copy of the identity document of the person who placed the order as well as a duly established power of attorney.
The delivery of bulky items or furniture is made by a carrier specializing in the delivery of furniture. The date and the delivery window are fixed jointly between the Customer and the carrier. Products delivered at home are delivered to the delivery address provided by the Customer when ordering. The carrier and delivery conditions differ depending on the volume of the order. It is the Customer’s responsibility to check the delivery terms when confirming the order.
The Customer will, where applicable, be personally responsible for the assembly of furniture delivered disassembled, any assembly service subject to a specific quotation.
The inability of DECORATION INSOLITE carriers to deliver the Products on the agreed date, in the absence of the Customer or lack of information on the need to use specific means of delivery, may give rise to the payment of additional delivery costs and / or cancellation of the order by DECORATION INSOLITE.
In cases where the respective availability dates of the Products of an order are different, DECORATION INSOLITE will offer the buyer to split his order. In the event of a split delivery, the contribution to the delivery costs will be applied to each fraction of the order. In the absence of a split delivery, delivery will take place on the date of availability of all the Products ordered.
5.4 Reception, complaints and returns
Each delivery is deemed to have been made as soon as the Product is made available to the Customer by the carrier, as evidenced by the control system used by the carrier.
Any Product delivered by DECORATION INSOLITE must be accompanied by the delivery slip or the transport slip. The delivery slip or the transport slip must be signed by the Customer or by any person duly authorized by the Customer. If there is no delivery slip or transport slip, the Customer refuses the Product.
The Customer must carry out, upon delivery, all examinations to detect any damage, missing items, defects or other apparent defects in the Products delivered to his order. This control must relate to the quantities and condition of the Products delivered. The Customer must in particular check the condition of the packaging, the number of packages and the Products in their quantities, references, condition and characteristics.
In the event of a complaint, the Customer must:
– Enter the reservations on the delivery slip or the transport slip with the date and its signature, in a precise and reasoned manner, the “subject to unpacking” type reservations are insufficient;
– Confirm to DECORATION INSOLITE its reservations within three (3) days from the date of delivery;
The Customer must be able to provide any justification as to the reality of the claims invoked and leave DECORATION INSOLITE every facility to proceed to their finding.
Complaints accepted by DECORATION INSOLITE will result in the exchange of the Product concerned, or its reimbursement in the event of unavailability of the product in stock.
The cost of reshipping returned Products will be the responsibility of the Customer. DECORATION INSOLITE, however, undertakes to reimburse these costs for accepted returns.
For the return to be accepted, the returned Product must be in perfect condition, in its original packaging. No spontaneous return will be accepted.
Only Products in their original condition and packaging, accompanied by all the accessories and documents that were initially in their packaging as well as their purchase invoice, may be returned under the exercise of the right of withdrawal. However, the responsibility of the consumer Customer is only engaged with regard to the depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products.
6.1. Commercial guarantee
From the date of purchase, the sofas identified on their product sheet as benefiting from a 5-year warranty are guaranteed:
DECORATION INSOLITE sends the Customer the commercial guarantee corresponding to the Product purchased along with the invoice. As part of the exercise of the commercial guarantee by the Customer, DECORATION INSOLITE may be required to examine the Product, and if after verification, it is concluded that the Customer’s claim is covered by the commercial guarantee, either the replacement of the defective product by the same product or by a comparable product, or its reimbursement. The commercial warranty applies to materials and accessories replaced during the commercial warranty period, within the limit of the remaining commercial warranty period from the day of replacement. In the event that the Product is no longer sold by DECORATION INSOLITE, the Customer will be offered an appropriate replacement Product or a commercial arrangement depending on the damage suffered. The commercial warranty only applies to the benefit of the Customer, the initial purchaser, to the exclusion of any successive purchasers, in the event of a manufacturing defect in the materials liable to affect the normal and safe use of the Product arising during the entire period. commercial warranty period offered from the delivery date on presentation of invoice, delivery slip. To benefit from a commercial warranty, you must follow the assembly and installation instructions, as well as the maintenance advice provided with the Product, if applicable. To apply the commercial guarantee, the Customer can contact DECORATION INSOLITE customer service by telephone or by email.
The Customer undertakes to comply with the recommendations and indications appearing in the instructions for the Products ordered and recognizes that any liability or guarantee of DECORATION INSOLITE will be excluded in the event of damage related to non-compliance with the instructions for the Products. The damage generated by the Products cannot engage the responsibility of DECORATION INSOLITE.
The responsibility of DECORATION INSOLITE is excluded in the event of non-compliance of the Products with the legislation of the foreign country in which they are delivered and / or are used, which it is the Customer’s responsibility to verify, in the event of misuse of the Products in contradiction with the uses, the usual rules of prudence, the recommendations for use, and the instructions provided, negligence, lack of maintenance on the part of the Customer as well as in the event of fault or facts totally attributable to the Customer or to a third party.
In the event that DECORATION INSOLITE is held liable, compensation will only apply to direct, personal, certain and foreseeable damages, to the exclusion of all damages and / or indirect damages, in particular any loss of ‘exploitation.
The responsibility of DECORATION INSOLITE will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the Products.